 | Board of Visitors minutes April 27, 1957 |  |
J. A. G. SCHOOL OFFICERS MESS BEER LICENSE
President Darden reported that the staff of the Judge Advocate General's
School, having formed an officers' mess and desiring to issue beer to its
members, would require a license from the Virginia Alcoholic Beverages Control
Board. The ABC Board, Mr. Darden believed, would deny the license if the
University made any objection, and he hesitated to make such an objection in view
of the fact that the beer would be issued only in the officers' lounge of the
dormitory building, occupied exclusively by the J. A. G. School and removed from
other dormitory areas. The following letter from the University's Special
Counsel was read to the Board
Attorneys and Counsellors at Law
Court Square Building
Charlottesville, Va.
Telephone 2-5158
April 4, 1957
Comptroller
University of Virginia
Officers' Mess at J.A.G. School
Dormitory
I have your letter of March 28, 1957, requesting my opinion in
regard to the above captioned matter, and I have given careful
consideration to the correspondence enclosed therewith. It is my
understanding, however, that the University is not interested in the
arguments as to whether or not the J.A.G. School will have to obtain
and pay for a license to dispense beer, but is interested in whether
or not it can legally consent to the issuance of such license for
sale of beer on University property. My opinion will therefore be
confined to that point.
An exhaustive search of the Virginia statutes governing the sale
of alcoholic beverages has failed to disclose any statute forbidding
such sale. My examination of the statutes included not only the
provisions of the Alcoholic Beverage Control Act, but also the
statutory provisions relating to Universities and Colleges, and to
educational institutions in general, as well as those relating to
State property. The closest approach to the problem is found in
Section 4-31 of the Code of Virginia, 1950, as amended, dealing with
the right of the ABC Board to refuse to grant a license. That
section (4-31(2)(d)), provides as follows
"The Board may refuse to grant any license
mentioned in this Chapter if it shall have reasonable
cause to believe.
That the place to be occupied by the applicant
Is so situated with respect to any church, synagogue,
hospital, public, private or parochial school, college or
university, public or private playground or other similar
recreational facilities, or any state, local or Federal
government operated facility, that the operation of such
place under such license will adversely affect or interfere
with the normal, orderly conduct of the affairs of such
facilities or institutions."
I am therefore of the opinion that there is nothing in the
statute law of Virginia which forbids the issuance of such license
for sale of beer on University property. As I do not have available
a copy of the lease between the University and the United States
Government as to the J.A.G. School dormitory, I cannot say whether
the subject matter is touched on therein.
The propriety of the University giving either express or tacit
permission for the sale of alcoholic beverages on University grounds
is a matter of policy upon which I express no opinion. I would
think, however, that if permission is to be granted, it should be
given by resolution of the Board of Visitors.
Special Counsel
University of Virginia
Members voiced the opinion that this matter might appropriately be left to
the President's discretion, but should be brought to the Board for decision if
any problem should arise in connection with it.
| Board of Visitors minutes April 27, 1957 | |